9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 205 - HC - Income TaxAttachment order passed u/s 281B - seeking orders to lift attachment as contention of the petitioner is that if the respondents allow to sell the property, he would pay the tax from the sale proceeds and has stated in the affidavit that he would submit an undertaking to this effect - HELD THAT - On instructions, the learned Senior Standing Counsel appearing for respondents 1 and 2 submitted that if the assessee is submitting an affidavit or indemnity bond or any kind of assurance to the Court that he would pay the tax dues immediately after selling the property, then the respondents would obey the same. Therefore, this Court is directing the petitioner to submit an affidavit / indemnity bond to the respondents within a period of one week from the date of receipt of a copy of this order. Respondents shall lift the attachment within a period of one week thereafter and communicate the same to the 3rd respondent. The 3rd respondent shall reverse the entry of attachment. Then, the petitioner is directed to sell the property and shall adhere to the undertaking affidavit / indemnity bond.
Issues Involved:
The issues involved in the judgment include a writ petition for a writ of Mandamus to direct the 3rd respondent to lift an attachment order passed by the first respondent under Section 281 B of the Income Tax Act, 1961, concerning the assessment of income tax for the petitioner for specific assessment years. Details of the Judgment: Issue 1: Writ of Mandamus to lift attachment order The petitioner, an assessee under the Income Tax Department, had their property attached by the respondents due to unpaid tax for certain assessment years. The petitioner proposed to pay the tax from the sale proceeds of the property and offered to submit an undertaking to this effect. The Court directed the petitioner to submit an affidavit/indemnity bond within a week, assuring the payment of tax dues from the sale proceeds. Upon submission, the respondents were ordered to lift the attachment within a week and inform the 3rd respondent to reverse the entry of attachment, allowing the petitioner to sell the property as per the undertaking. Conclusion: The writ petition was allowed by the Court with the specified directions, and no costs were imposed in this matter.
|
